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Home My WebLink About95-186 Resolution No. 95-186 RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDED AGREEMENT WITH CHILDREN' S THEATER OF ELGIN FOR PERFORMANCES OF BEAUTY AND THE BEAST BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard B. Helwig, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a First Amended Agreement on behalf of the City of Elgin with Children' s Theater of Elgin for performances of Beauty and the Beast, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: August 23, 1995 Adopted: August 23, 1995 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk Resolution No. 95-158 RESOLUTION AUTHORIZING AN AGREEMENT WITH CHILDREN' S THEATRE OF ELGIN FOR PERFORMANCES OF BEAUTY AND THE BEAST BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby authorizes Richard B. Helwig, City Manager, and Dolonna Mecum, City Clerk, to execute an agreement with Children' s Theatre of Elgin for performances of Beauty and the Beast, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: July 26, 1995 Adopted: July 26, 1995 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk Lit C7e , V FIRST AMENDED AGREEMENT THIS AGREEMENT is made and entered into this c t/t, day of ,__-C __ , 1995, by and between the City of Elgin, illin is, a municipal corporation (hereinafter referred to as "City" ) and the Children' s Theater of Elgin, an Illinois not-for-profit corporation (hereinafter referred to as "CTE" ) . WHEREAS, City and CTE have previously entered into an agreement for the performance of "Beauty and the Beast" , dated ;' ,_ ', 1995; and WHEREAS, the parties hereto have determined it to be in their best interest to amend the aforementioned agreement. NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, the sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows : 1 . As used in this agreement, the following terms shall have the following meanings : "Net revenue" shall mean the total funds generated from ticket sales and a registration fee of $20 . 00 per child, after deduction of all applicable taxes , minus the sum of "labor costs" as defined below and $11,000 . All costume fees charged by CTE, or sponsor donations paid to CTE shall not be considered in determining net revenue. Any such sums shall be retained by CTE. "Labor costs" shall mean the total labor costs incurred from the performance of this agreement by City. 2 . CTE shall provide eight ( 8) performances of "Beauty and the Beast" at the Hemmens Auditorium, Elgin, Illinois at the following times and dates : 9 : 30 a.m. on October 20, 1995; 12 : 00 p.m. on October 20, 1995; 1 : 00 p.m. on October 21, 1995; 7 : 30 p.m. on October 21, 1995; 9 : 30 a.m. on October 26 , 1995; 12 : 00 p.m. on October 26, 1995; 7 : 30 p.m. on October 27, 1995; 1 : 00 p.m. on October 28, 1995 . CTE shall solely determine the admission price of each show. Each party hereto shall receive complimentary tickets for each perfor- mance. The City shall provide all customary box office services including printing the tickets and collecting all money for all applicable registration fees and ticket sales . 3 . City shall pay CTE the sum of $11,000 on or before October 19 , 1995 . 4 . On or before November 30, 1995, the net revenue realized from the aforementioned performance shall be divided equally between the parties hereto. City shall retain all funds which do not constitute "Net Revenue" as defined herein, except as otherwise provided herein. 5 . City shall provide all necessary technical personnel for and during rehearsals as scheduled attached hereto and during the aforementioned performances . The technical personnel shall perform technical services as reasonably directed by CTE ' s performance director. 6 . CTE hereby warrants and represents that all copyright, licensing and other fees, rights and licenses as may be required by law have been obtained and paid. All such fees and costs shall be paid by CTE . 1 7 . Each party shall hold harmless and indemnify the other from and against any and all causes of action, claims for damages, suits and any and all other liability, including, but not limited to, attorney' s fees, arising out of or in connection with the negligent performance of this agreement by the other party and its agents, assigns, employees, volunteers or performers . 8 . This agreement shall not be construed so as to create an employment, partnership or joint venture relationship between the parties hereto. 9 . On or before November 15, 1995, City shall provide to CTE a detailed accounting of all revenue received by City arising out of or in connection with this agreement. 10 . City shall provide rehearsal space at either the Hemmens Auditorium or Exhibition Hall during the dates and times listed in the rehearsal schedule, which is attached hereto and incorporated herein as Exhibit "A" . City shall provide the use of reasonably necessary equipment without charge to CTE. 11 . The terms and provisions of this agreement shall be severable. In the event that any of the terms or provisions of this agreement are found to be void or otherwise unenforceable for any reason, the remainder of this agreement shall remain in full force and effect. 12 . This agreement shall be governed by and subject to the laws of the State of Illinois . • 13. This agreement shall supplant any and all prior agreements between the parties hereto. This agreement shall represent the only agreement between the parties hereto regarding the aforementioned performances . No other agreements, oral or otherwise, exist or shall be applicable to the subject of this agreement, and any and all modifications or amendments to this agreement shall be in writing and signed by the parties hereto. 14 . The individuals executing this agreement hereby warrant and represent that they are duly and lawfully authorized to bind and represent the respective parties hereto. EXECUTED Attest: For the City: -7/-41441"11- %:=1.0 Dolonna Mecum Richard B. Helwig City Clerk City Manager Attest: For Children's Theater of Elgin: • These are the dates currently held by CTE for "Beauty and the Feast• " . The building will be open for weeknight rehearsals from 6 : 00PM to 9 : 00PM with the actual rehearsal time being from 6 : 30PM to 8 : 30PM. The building will be closed from 5 : 00PM to 6 : 00PM. For weekend rehearsals, the building will again be open for one half hour before and after the scheduled rehearsal time. Hemmens Staff will need a final rehearsal schedule no later than 8/29/1995, at which time unneeded dates will be released. The times list- ed are for space in either Exhibition Hall or the Auditorium. At no time other than tech week is the Auditorium guaranteed for rehearsal or set up time. REGULAR REHEARSALS: ) TECH WEEK & SHOW: Rehearsal Number ( Date: Time: of Hours ) Date: Times : 8/29/95 5PM - 10PM 5 ( 10/15/95 8PM - 11PM 8/30/95 5PM - 10PM 5 ) 10/16/95 8AM - 11PM 8/31/95 5PM - 10PM 5 ( 10/17/95 8AM - 11PM 9/5/95 6PM - 9PM 3 ) 10/18/95 8AM - 11PM 9/6/95 6PM - 9PM 3 ( 10/19/95 8AM - 11PM 9/7/95 6PM - 9PM 3 ) 10/20/95 7 : 30AM-3 : 30PM 9/8/95 6PM - 9PM 3 ( 10/21/95 11AM - 3 : 30PM 9/9/95 8 : 30AM-12 : 30PM 4 ) and 6PM - 10PM 9/11/95 6PM - 9PM 3 9/12/95 6PM - 9PM 3 ) ALL SETS MUST BE CLEARED 9/13/95 6PM - 9PM 3 ( FROM STAGE BETWEEN WEEK- 9/14/95 6PM - 9PM 3 ) ENDS! 9/15/95 6PM - 9PM 3 ( 9/18/95 6PM - 9PM 3 ) 10/25/95 5PM - 10PM 9/19/95 6PM - 9PM 3 ( 10/26/95 7 : 30AM-3 : 30PM 9/20/95 6PM - 9PM 3 ) 10/27/95 5PM - 11PM 9/21/95 6PM - 9PM 3 ( 10/28/95 11AM - 6 PM 9/25/95 6PM - 9PM 3 ) 9/26/95 6PM - 9PM 3 ( 9/27/95 6PM - 9PM 3 ) Total Hours : 209 .5 9/28/95 6PM - 9PM 3 1 10/2/95 6PM - 9PM 3 10/3/95 6PM - 9PM 3 10/4/95 6PM - 9PM 3 10/5/95 6PM - 9PM 3 10/6/95 6PM - 9PM 3 10/9/95 6PM - 9PM 3 10/10/95 6PM - 9PM 3 10/11/95 6PM - 9PM 3 10/12/95 6PM - 9PM 3 10/13/95 6PM - 9PM 3 10/14/95 8AM - NOON 3 Exhibit A